Hi there,
I have resigned from an Indian company, serving a 10-day notice period for personal reasons (relocation). I received the relieving letter without any issues. After one month, I asked for final settlement and Form 16. The company is now demanding some documents (visa and passport), stating that I have not relocated. They claim that if I have relocated, it is necessary to submit passport and visa documents to issue the Form 16. The company is threatening to send a legal notice if I fail to submit the documents, as I did not serve the required notice period of 3 months.
In my resignation letter, I did not mention the reason for resigning; I only informed them about the relocation verbally. Is it legal for the company to demand documents from an ex-employee after the formal relieving process to issue Form 16 and threaten legal action for not serving the notice period after a month has passed?
Is there a legal recourse available for me to obtain my Form 16 and final settlement without submitting the additional documents being requested by the company?
Please advise.
From India
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I have resigned from an Indian company, serving a 10-day notice period for personal reasons (relocation). I received the relieving letter without any issues. After one month, I asked for final settlement and Form 16. The company is now demanding some documents (visa and passport), stating that I have not relocated. They claim that if I have relocated, it is necessary to submit passport and visa documents to issue the Form 16. The company is threatening to send a legal notice if I fail to submit the documents, as I did not serve the required notice period of 3 months.
In my resignation letter, I did not mention the reason for resigning; I only informed them about the relocation verbally. Is it legal for the company to demand documents from an ex-employee after the formal relieving process to issue Form 16 and threaten legal action for not serving the notice period after a month has passed?
Is there a legal recourse available for me to obtain my Form 16 and final settlement without submitting the additional documents being requested by the company?
Please advise.
From India
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Hi Krish boy,
Notice period is always to give proper time to the employer so it can find out a suitable replacement. In India, every citizen is free to do any work or not to do any work. An employee can resign at any time from his present employment and choose another job or any profession.
In fact, issuing the Form 16 is a legal obligation on the employer's part. In case you did not receive any Form 16 and tax is deducted, please report your problem to the Income Tax department.
Only a certain amount, as per the terms and conditions of your employment, can be deducted from your full and final settlement. But no legal action can be taken against you. In fact, you can take legal action in case you did not receive Form 16 for tax deducted.
From India, Mumbai
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2Notice period is always to give proper time to the employer so it can find out a suitable replacement. In India, every citizen is free to do any work or not to do any work. An employee can resign at any time from his present employment and choose another job or any profession.
In fact, issuing the Form 16 is a legal obligation on the employer's part. In case you did not receive any Form 16 and tax is deducted, please report your problem to the Income Tax department.
Only a certain amount, as per the terms and conditions of your employment, can be deducted from your full and final settlement. But no legal action can be taken against you. In fact, you can take legal action in case you did not receive Form 16 for tax deducted.
From India, Mumbai
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Greetings,
I second Industrial HR. I'm not sure why your ex-employer is asking for your Passport and Visa. Were you under any travel obligation with them? Why is this being communicated now, rather than at the time of clearance?
Looking forward to hearing from you!
Regards,
Cite Contribution
From India, Mumbai
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I second Industrial HR. I'm not sure why your ex-employer is asking for your Passport and Visa. Were you under any travel obligation with them? Why is this being communicated now, rather than at the time of clearance?
Looking forward to hearing from you!
Regards,
Cite Contribution
From India, Mumbai
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Dear Krish,
After you are relieved from your services, no employee-employer relation exists. The company is accountable for releasing all due documents pertaining to employment.
We would like to know if your company has computed the full and final settlement. Have they recovered the notice pay? If not, they can send a legal notice for the due amount to you. For Form-16, they are liable to issue it; if not, you may seek assistance from the Income Tax department.
Regarding your passport and visa, your ex-company has nothing to do with it. It is advisable to discuss with them and settle the issue. Always keep the door open in the corporate world.
Kindly update us on the same.
From India, Bhubaneswar
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After you are relieved from your services, no employee-employer relation exists. The company is accountable for releasing all due documents pertaining to employment.
We would like to know if your company has computed the full and final settlement. Have they recovered the notice pay? If not, they can send a legal notice for the due amount to you. For Form-16, they are liable to issue it; if not, you may seek assistance from the Income Tax department.
Regarding your passport and visa, your ex-company has nothing to do with it. It is advisable to discuss with them and settle the issue. Always keep the door open in the corporate world.
Kindly update us on the same.
From India, Bhubaneswar
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Hello Krishboy,
As others have advised, Passport and Visa are TOTALLY UNRELATED to your request for Form-16, even if you were under any travel obligation with them - as (Cite Contribution) mentioned. Never ever part with those documents.
Like PS DHILLON mentioned, issuing Form-16 is legally binding on any employer if the TDS has been deducted, even if you have not resigned as per the company's rules.
Strictly speaking, you don't need to give any reasons in the Resignation Letter, though it's usually mentioned or practiced for other reasons, with propriety being one of them.
Whether you have relocated or not ISN'T any of the company's concern unless you aren't providing the full story or background of your case in this forum.
Regards,
TS
From India, Hyderabad
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As others have advised, Passport and Visa are TOTALLY UNRELATED to your request for Form-16, even if you were under any travel obligation with them - as (Cite Contribution) mentioned. Never ever part with those documents.
Like PS DHILLON mentioned, issuing Form-16 is legally binding on any employer if the TDS has been deducted, even if you have not resigned as per the company's rules.
Strictly speaking, you don't need to give any reasons in the Resignation Letter, though it's usually mentioned or practiced for other reasons, with propriety being one of them.
Whether you have relocated or not ISN'T any of the company's concern unless you aren't providing the full story or background of your case in this forum.
Regards,
TS
From India, Hyderabad
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Hi All,
Thanks for your reply..
Let me explain issue in detail:
In my Previous Company they promised that they will give work on advanced technologies but they failed to do fulfill their promises.
Almost six months waited for the good work, later realized to quit the company.
Got offer from other company and I put my resignation.
Orally informed that I will be relocating to AUS to do Business with friends and I got the relieving letter with no issues.
There was three months notice period in my appointment but i served notice period of 10 days .
Have give proper KT and handed over all the documents.
Company replied to my resignation letter saying that “I will be getting final settlement after due calculations”. I have to get 40 days salary in final settlement.
When I asked for my final settlement, there replied saying I have resigned on false grounds and working for another company if it’s not true send us the scanned copy of Visa and Passport else Company will
From India
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Thanks for your reply..
Let me explain issue in detail:
In my Previous Company they promised that they will give work on advanced technologies but they failed to do fulfill their promises.
Almost six months waited for the good work, later realized to quit the company.
Got offer from other company and I put my resignation.
Orally informed that I will be relocating to AUS to do Business with friends and I got the relieving letter with no issues.
There was three months notice period in my appointment but i served notice period of 10 days .
Have give proper KT and handed over all the documents.
Company replied to my resignation letter saying that “I will be getting final settlement after due calculations”. I have to get 40 days salary in final settlement.
When I asked for my final settlement, there replied saying I have resigned on false grounds and working for another company if it’s not true send us the scanned copy of Visa and Passport else Company will
From India
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When I asked for my final settlement, there replied saying I have resigned on false grounds and working for another company if it’s not true send us the scanned copy of Visa and Passport else Company will be sending legal notice to me for giving wrong information against my resignation.
My doubt is after issuing reliving letter, Can any company send legal to ex-employee notice for not serving notice period to pay three months’ salary ?
Can any company send legal to ex-employee that have resigned on false grounds(no where mentioned in written that I was relocating to AUS )?
Shall I process legally to get my 40 days salary? (My Ex-Company was having less than 20 employees)
Please explain me in detail how to get form-16 from Income tax department?
Thanks for your support!!
Waiting for your reply
From India
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My doubt is after issuing reliving letter, Can any company send legal to ex-employee notice for not serving notice period to pay three months’ salary ?
Can any company send legal to ex-employee that have resigned on false grounds(no where mentioned in written that I was relocating to AUS )?
Shall I process legally to get my 40 days salary? (My Ex-Company was having less than 20 employees)
Please explain me in detail how to get form-16 from Income tax department?
Thanks for your support!!
Waiting for your reply
From India
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